Police and Metal Scanners (NSW)

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.

During 2024, legislation came into effect in New South Wales empowering police to scan persons using hand-held metal detectors in designated areas. The laws were introduced in a bid to combat knife crime and improve public safety, representing a significant expansion of police powers in response to growing concerns about weapon-related offences in public spaces. This page outlines how and where the police may use metal scanners in New South Wales, your rights during scanning procedures, and the potential consequences of non-compliance.

Legislation

The powers are contained in Part 4A of the Law Enforcement (Powers and Responsibilities) Act 2002. This legislative framework establishes comprehensive guidelines for police use of handheld metal detectors, including specific procedures that must be followed and limitations on police powers. The amendments to the LEPRA Act were carefully crafted to balance public safety concerns with individual privacy rights and civil liberties.

Part 4A includes provisions for proper officer identification, gender-appropriate scanning procedures, and time limitations for detentions. The legislation also establishes accountability measures and requires police to maintain records of scanning activities in designated areas.

Designated Areas

Criteria for Designation

Under section 45F, a senior police officer may declare certain places to be designated areas if, in the last 12 months any of the following have occurred there:

• an offence committed by a person armed with a weapon
• a serious indictable offence involving violence against a person
• more than one offence of possessing a knife or prohibited weapon.

A senior officer may make this declaration if they consider that the use of hand-held scanners in the area may be effective in detecting or deterring offences involving weapons, and the officer has considered the impact of the use of handheld scanners on lawful activity in the area, and whether weapons were found in the area during any previous period when it was a designated area.

Types of Locations

The following places can be made designated areas:

• Public transport stations
• Shopping precincts
• Sporting venues
• Any other public place prescribed by legislation.

When a place is declared a designated area, it remains a designated area for 12 hours. This time limitation ensures that the extraordinary powers are used proportionately and prevents indefinite restrictions on public movement in specific locations.

Use of Metal Scanners in Designated Areas

Police Powers and Procedures

Under section 45K, police may, without a warrant, require a person to stop and submit to scanning with a handheld metal detector in a designated area. If the scanner indicates the presence of metal, the police may require the person to remove the object that is setting off the scanner and resubmit to the scan. If the item is a knife or other weapon, the police may confiscate it.

It is a criminal offence to fail to submit to scanning, with penalties including fines and potential imprisonment for repeat offenders or aggravated circumstances.

Safeguards and Limitations

When police are conducting a scan, they must do it in the least invasive way practical. Where possible, the officer who conducts the scan should be the same gender as the person being scanned, and the person should only be detained for as long as it takes to scan them.

The officer should provide their name and police station. If they are not in uniform, they should show proof that they are a police officer. These requirements ensure transparency and accountability in the exercise of these significant police powers.

Will I be Charged with an Offence?

If you are found in possession of a knife or other weapon you may be charged with an offence. Alternately, police may issue you with an on-the-spot fine depending on the circumstances and the type of weapon discovered.

Offences involving the possession of weapons include:

• Possession of a prohibited weapon (Weapons Prohibition Act 1998, section 7)
• Being armed with intent to commit an offence (Crimes Act 1900, section 114)
• Possessing an offensive implement (Summary Offences Act 1988, section 11B)

The severity of charges will depend on factors such as the type of weapon, your intent, location of the offence, and any prior criminal history. Some offences carry maximum penalties of several years imprisonment, while others may result in fines or community service orders.

Interviews

If you are stopped and asked to submit to a scan, you do not have to provide your name and you do not have to answer any questions beyond complying with the scanning procedure.

If the police find something that may constitute an offence, they will ask you for your name and address and you must provide those details. You do not have to answer any other questions beyond these basic identification requirements.

If the police suspect you have committed an offence, they may ask you to take part in an interview. You do not have to agree to participate and should remember that any responses you give may be used as evidence against you. It is advisable to seek legal advice before participating in any police interview.

Your Rights During Scanning

Privacy and Dignity Protections

The legislation includes specific protections to ensure that metal detector scanning is conducted with respect for individual privacy and dignity. Police must conduct scans in the least intrusive manner possible and cannot require you to remove clothing beyond outer garments like jackets or coats.

You have the right to request that the scanning be conducted by an officer of the same gender where practically possible. If you have concerns about the manner in which a scan is being conducted, you should clearly state your objections while still complying with lawful directions.

Complaints and Accountability

If you believe police have acted improperly during a metal detector scan, you can make a complaint to the NSW Police Force Professional Standards Command or the Law Enforcement Conduct Commission. Police officers are required to maintain records of all scanning activities, including the reasons for designation of areas and outcomes of individual scans.

Defences and Legal Considerations

Several legal defences may be available if you are charged with a weapon-related offence following a metal detector scan